ABSTRACT
From a constitutional perspective there is an important distinction between giving the citizens within a state legally enforceable rights as opposed to offering the legal protection of citizens’ liberties. Professor Wesley Holfeld identified four main types of claim a citizen may make. A ‘claim right’ is where C claims a right and persons, generally or specifically, are under a corresponding duty to allow C access to that right. An ‘immunity’ claim is where C, exercises a right and persons, generally or specifically, are under a duty not to interfere in the exercise of that right. A ‘power’ claim is where C has a right of ownership which can be exercised to create a liability. Thus C may offer to sell the ownership rights in goods to B and thereby creates a liability. A ‘privilege’ claim merely means that C has done no wrong in exercising their liberty to do something. To Holfeld this is the weaker claim because nobody has a duty to allow or assist C in the exercise of their liberty.
